This bail application claimed the alleged victim was an adult. The court found it a fit case for bail despite allegations under POCSO, ordering the applicant's release on personal bond and two sureties.
The applicant Sandeep Kannaujia is released on bail on furnishing a personal bond and two reliable sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24214 of 2019 Applicant :- Sandeep Kannaujia Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar,Mahesh Prasad Counsel for Opposite Party :- G.A.,A.T. Pandey
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., and learned counsel appearing for the informant. Perused the record.
This bail application has been moved by the applicant who is involved in Case Crime No. 277 of 2019, under Sections 363, 366, 376 I.P.C., and Section 3/4 POCSO Act, 2012, Police Station-Kotwali, District-Maharajganj.
As per prosecution version, on 2.4.2019 at about 4:00 PM co-accused Preeti Kannaujia called the prosecutrix and took her away. Later on, applicant took away the prosecutrix.
Learned counsel for the applicant contended that the prosecutrix is major. She has gone with the applicant on her own sweet will. Prosecutrix in her statement under Section 164 Cr.P.C., had not made any allegation of rape against the applicant. As per medical report, all epiphysis around the right wrist, right elbow and knee joint forming bone are fused. Accordingly, she is 18 years of age. Applicant is in jail since 9.4.2019 and he has no criminal antecedent.
Learned A.G.A., and learned counsel for the informant have opposed the prayer for bail. Learned counsel for the informant contended that as per school certificate, date of birth of the prosecutrix is 4.7.2002. Accordingly, she is minor. Learned A.G.A., contended that prosecutrix in her statement under Section 161 Cr.P.C., specifically made allegation that the applicant has made sexual relation with her.
As per medical report, age of the prosecutrix is about 18 years. Prosecutrix in her statement under Section 164 Cr.P.C., she has specifically stated that she has gone with the applicant and married with him and she has made no sexual relation with the applicant.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant Sandeep Kannaujia , be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Application stands allowed .
Order Date :- 8.7.2019 Jaswant
3 issues framed by the court
Whether the applicant deserves bail in a case under Sections 363, 366, 376 IPC, and POCSO Act.
Whether discrepancies regarding the age of the prosecutrix affect the grant of bail.
Whether the medical report regarding age of the prosecutrix establishes her as a major.
Sandeep Kannaujia
State of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
